Agdapkt 2010-12-06 clsd and regular

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� 6.3A ' Page 2 On July 24, 2008 the SBWMA Board voted 10-0 to short-list two of the seven companies; South Bay Recycling (SBR) and Hudson Baylor Corporation. Based on this vote, SBWMA staff began negotiations with and evaluations of the two short-listed companies. From these negotiations and evaluation, the committees assigned to negotiate with and evaluate the two companies issued two reports, one dated January 15, 2009 and the other March 16, 2009, culminating in a final recommendation to select SBR. On April 13, 2009, at the request of the Council Solid Waste Committee, staff asked City Council to provide direction to the City's representative on the SBWMA Board on how to vote at the April 23, 2009 SBWMA Board meeting regarding the selection of the contractor to operate the Shoreway Facility. After an extensive presentation followed by equally extensive questions and answers between City Council, the two short-listed proposers and staff, the matter was continued to a special meeting on April 20, 2009. At the conclusion of the meeting on April 20, 2009, City Council directed the City's SBWMA Board representative to vote in favor of the selection of SBR for operation of the Shoreway Center. On April 23, 2009 the SBWMA Board voted 10-2 to approve the selection of SBR and directed staff to negotiate a final Operations Agreement and bring back that agreement for Board approval. With such Board approval the Operations Agreement would then be subject to approval by two-thirds of the Member Agencies. On July 23, 2009 the SBWMA Board approved 11-0 the Operations Agreement and authorized and directed the Executive Director to distribute full and complete copies of the Agreement executed on behalf of the Authority and on behalf of South Bay Recycling, LLC, to each Member Agency upon receipt of the Guaranty executed by the two corporate members of South Bay Recycling, LLC. Provided, however, that the Agreement shall not become effective unless and until at least eight of the Member Agencies approve the Agreement as provided in Section 7.1.1 of the SBWMA First Amended and Restated Joint Exercise of Powers Agreement, on or before November 30, 2009. Between August and November 2009 eleven Member Agencies approved the Agreement. �n August 24, 2009 the City Council finalized the process by approving the Shoreway Operations Agreement between SBR and the SBWMA for operation of the Shoreway Center in San Carlos. SBR will take over operations of the Shoreway Center from Allied Waste effective January 1, 2011. In front af the City Council this evening is a series of minor amendments to the Shoreway Operations Agreement that was approved by City Council at their meeting on August 24, 2009. These amendments consist of changes necessary in the Shoreway Operations Agreement that have arisen as a result of recent regulatory changes and/or changes that have been identified by SBWMA staff through on-going conversations with the Shoreway Center contractor that will help clarify the requirements of certain sections of the Agreement for both the contractor and the SBWMA. ANALYSIS Below is a summary of a series of minor changes to the Shoreway Operations Agreement with SBR: Section 5.03 — new language clarifying that acceptance of third party tons into the Shoreway facility would require a written agreement including "pricing terms and conditions." This